The Racketeer Influenced and Corrupt Organizations Act (RICO) is a powerful federal law that has been used to prosecute a variety of criminal activities. It is essential for any defense attorney dealing with federal criminal cases to understand how to defend their clients against RICO-related charges effectively. This article will provide an overview of RICO and outline the various defenses that can be used to defend against RICO-related charges.
Introduction to RICO
The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law that was passed in 1970 and amended in 1984. The main purpose of the law is to combat organized crime by providing more powerful tools to prosecute organized criminal activities. RICO makes it illegal for any person associated with an organization that has been involved in racketeering activity, such as fraud, illegal possession and transfer of weapons, armed violence, drug conspiracy, drug dealing, kidnapping, illegal transportation of a minor, murder, predatory criminal sexual assault of a minor, and criminal sexual abuse, to use or invest the proceeds of that activity.
The law is complex and has been used to prosecute a variety of different criminal activities. It is important for any defense attorney dealing with federal criminal cases to understand how RICO works and the various defenses that can be used to defend against RICO-related charges.
Overview of RICO violations
RICO violations can be either substantive or conspiracy offenses. Substantive violations refer to actions that are independently illegal and punishable under RICO. Conspiracy offenses refer to an agreement between two or more persons to commit a RICO violation. It is important to note that the agreement does not need to be explicitly stated, as it can be inferred from the circumstances.
RICO violations can also be divided into predicate offenses and enterprise offenses. Predicate offenses are the underlying illegal activities that are connected to the RICO violation. These can include activities such as fraud, drug trafficking, money laundering, and more. Enterprise offenses refer to the use of the proceeds of the predicate offenses to benefit an enterprise, such as organized crime.
Defenses to RICO-related charges
Some criminal defense attorneys can be used to defend against RICO-related charges. These defenses can be divided into three categories: statutory, constitutional, and affirmative.
Statutory Defenses to RICO Charges
The most common statutory defenses to RICO-related charges are:
- Lack of evidence to prove the elements of the offense: The prosecution must prove beyond a reasonable doubt that all the elements of the offense have been met. If they cannot do this, then the defendant should be acquitted.
- Exclusion of evidence: If the prosecution attempts to use evidence that is not admissible under the rules of evidence, then the defense can object, and the evidence may be excluded.
- Unlawful search and seizure: If the evidence used by the prosecution was obtained through an illegal search and seizure, then the defense can object, and the evidence may be excluded.
Constitutional Defenses to RICO Charges
The most common constitutional defenses to RICO-related charges are:
- Right to remain silent: The defendant has the right to remain silent and not provide any evidence that might incriminate them.
- Right to a lawyer: The defendant has the right to an attorney to represent them during the trial.
- Right to a fair trial: The defendant has the right to a fair trial, with an impartial jury and a fair and impartial judge presiding over the case.
Affirmative Defenses to RICO Charges
The most common affirmative defenses to RICO-related charges are:
- Entrapment: If the defendant can prove that they were induced by law enforcement to commit an offense that they would not have otherwise committed, they may be able to use the defense of entrapment successfully.
- Necessity: If the defendant can prove that they committed the offense out of necessity, such as to prevent greater harm, then they may be able to use the defense of necessity successfully.
- Duress: If the defendant can prove that they were coerced into committing the offense, they may be able to use the defense of duress successfully.
Statute of Limitations Defenses to RICO Charges
The most common statute of limitations defense to RICO-related charges is the expiration of the applicable statute. Typically, the applicable statute of limitations for a RICO violation is five years from the date of the offense or from the date of the discovery of the offense, whichever is later.
Evidentiary Defenses to RICO Charges
The most common evidentiary defenses to RICO-related charges are:
- Hearsay: If the prosecution attempts to use evidence that is hearsay, then the defense can object and the evidence may be excluded.
- Lack of authentication: If the prosecution attempts to use evidence that is not properly authenticated, then the defense can object and the evidence may be excluded.
- Character evidence: If the prosecution attempts to use evidence of a defendant’s character to prove their guilt, then the defense can object and the evidence may be excluded.
Jury Instructions Defenses to RICO Charges
The most common jury instruction defense to RICO-related charges is to object to any jury instructions that are not supported by the evidence or are not consistent with the law.
Conclusion
Defending against RICO-related charges can be a daunting task for any defense attorney. It is essential for any attorney dealing with federal criminal cases to understand the various defenses that can be used to defend against RICO-related charges. By understanding the various defenses, an attorney can be better prepared to effectively defend their client against RICO-related charges.